AMIT HUSENSAB NADAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 397 read with 401 of Cr.P.C. for setting aside the judgment of conviction and order of sentence dtd. 31/12/2012 passed by the District and Sessions Judge, FTC, Jamkhandi, in Criminal Appeal No.77/2012, whereby the learned Sessions Judge confirmed the judgment of conviction and order of sentence passed by the Principal Civil Judge and JMFC, Jamkhandi in CC No.336/2010 dtd. 26/6/212 for the offence punishable under Sec. 292 of IPC.

(2.) It is the case of the prosecution that, the complainant was running a CD shop in Dwarakanath Galli at Jamkhandi; that on 24/9/2010, the complainant-Dy.S.P. received a credible information that the revision petitioner is running CD shop in the name and style of Golden CD and Computer works situated in CTS 2303/1/C and he was indulged in selling CDs containing obscene and nude films and selling them to public for a consideration amount valuing from Rs.50.00 to Rs.100.00. Then the complainant-Dy.S.P. directed the PSI to secure the panchas and along with panchas they raided the shop of the revision petitioner at about 6.00 p.m. and on inspection of the premises, 11 CDs put in a card-board box were found, which were containing obscene and nude pictures in respect of the persons involving in sexual intercourse. Then, they were seized by the Investigating Officer by drawing a mahazar and a complaint was lodged and a case was registered in Crime No.133/2010 of Jamkhandi Town Police Station against the accused/revision petitioner. Subsequently, the revision petitioner was arrested and was later on enlarged on bail. Thereafter, the Investigating Officer submitted the charge sheet against the accused for the offences punishable under Ss. 292 and 293 of IPC.

(3.) The learned Magistrate after having taken the cognizance of the alleged offences, secured the presence of the accused and framed charges under Ss. 292 and 293 of IPC against him.